The Song Remains the Same by SMac

1 :: 2 :: 3 :: 4 :: 5 :: 6 :: 7 :: 8 :: 9 :: 10 :: 11 :: 12 :: 13 :: 14 :: 15 :: 16 :: 17 :: 18 :: 19 :: 20 :: 21 :: 22 :: 23 :: 24 :: 25 :: 26 :: 27 :: 28 :: 29 :: 30 :: 31 :: 32 :: 33 :: 34 :: 35 :: 36 :: 37 :: 38 :: 39 :: 40 :: 41 :: 42 :: 43 :: 44 :: 45 :: 46 :: 47 :: 48 :: 49 :: 50 :: 51 :: 52 :: 53 :: 54 :: 55 :: 56 :: 57 :: 58 :: 59 :: 60 :: 61 :: 62 :: 63 :: 64 :: 65 :: 66 :: 67 ::

Chapter 25: Ashes, Part Three

Authors Note: This is the third part of Chapter 23, and is also the final chapter in Part One of the entire story. Now that all three parts of Chapter 23 are posted (chp 23,24, and 25 in the queue) I will move immediately into Part Two of the entire story, and spuffy is very very soon in that part, so not much longer for those who have waited so patiently for it.

I have glossed over some areas of the law and speeded up some of this process for the sake of the story (you didn't really want Buffy sitting around waiting for a hearing date, did you?) but I have tried to be as accurate as possible. It helps that the county involved is fictional, and although the area is very real, I can make the county demographics anything I want, so I take artistic license with county organizational matters. I did the research, but there's bound to be some things that are technically different from someone else's experience. Also, the timeline for Katie's birth was November 2003, making this hearing in December 2004. This is being written in 2006. A lot can happen in three years, and this is a rapidly changing area of law. So please don't be nit picky, not that anyone has been. But it is pretty complex and I'm not doing a thesis on it after all.

Thank you all and I really appreciate your reviews. Hope you enjoy.

------------------------------

Ashes, Part Three



At precisely one o'clock everyone was back in the courtroom awaiting Judge Holtz' decision. Buffy sat there nervously shredding some tissues in her lap. Tanya finally grabbed one of her hands and held on to it to calm the poor girl down.

After Judge Holtz settled down at the bench and called the courtroom to order, he took a moment to review the legal paperwork before him once more, then raised his head and looked out over the assembly before him. His eyes finally rested on Buffy.

"Miss Summers, please rise."

Buffy rose, as did Lindsey beside her.

*Captain goes down with the sinking ship.* The thought came to Buffy unbidden. *Huh.*

"First, I would like to say that I am very impressed by you, Miss Summers. You have managed to create a home for yourself and your daughter in spite of being presented with very difficult circumstances. I am convinced that you were unaware of the drug and identity theft operations going on at the Paradise Club and knew nothing of your cousin's and her boyfriend's involvement with that. I am also convinced that you had no knowledge that drugs and a gun had been concealed in your daughter's toy, and that it had been brought into your home by your cousin, ostensibly as a gift from Mr. Woods.

"It is clear that you love your daughter dearly, and desire to be reunited with her as soon as possible. That is admirable, Miss Summers, and nothing would give me more pleasure than permitting you to do so.

"However, there is still the matter of the false California Identification Card, provided by Mr. Woods to you and presumably made through his identity theft operations. Although I realize that no actual identity theft occurred there, and the name was indeed your own, it was fraudulent and was obtained for the purpose of deceiving legal authorities about your true age in an effort to avoid detainment on a status offense. That is not a light matter, Miss Summers.

"There is also the matter of your running away from home, being truant for the past calendar year when the statutory age for leaving school is sixteen, and defying reasonable parental authority. Those are status offenses, Miss Summers, but you are not an emancipated minor and the law does clearly apply to you in that regard as it does to any minor. One may not traipse three thousand miles from home and 'hide out' in defiance of parental authority even if one believes the reason is sound. I realize that you were apparently not fully informed of your options as regards your own parental rights, but taking flight is an extreme reaction and I cannot condone your actions in that regard.

"Finally, and most importantly, there is the charge of child endangerment. You ran off at fifteen years old with little money and only a very vague plan and you took your infant daughter with you, exposing her to the same dangers to which you were opening yourself. You have spent the year living with a cousin who is an exotic dancer and also managed a strip club where a great deal of underground illegal drug activity was taking place, including stealing identities and selling large quantities of drugs. You exposed your infant daughter to the gentleman who actually ran that operation in the club, and although you did not place the drugs and weapon in your daughter's toy, you permitted her to be exposed to that danger by permitting questionable people into your home.

"I am dismissing the more serious charges of drug enterprise and identity theft as I do not believe you are actually guilty of those crimes and that you had no knowledge of them at the time. I based that judgment on the reports filed by the detectives, your own testimony, and the testimony of the two detectives most actively connected to the case, especially Det Lorne Krev-lorn-swath. I am certain that I am pronouncing that incorrectly," the judge added as he shook his head.

"i will now set out my judgment:

"I am dismissing the drug and weapons charges entirely. But I am sentencing you for the three lesser crimes - false ID, running away / truancy, and child endangerment - with two years probation and time served. The remainder of your probation will be spent in a foster home of the DCFS's choosing in conjunction with the probation department. Although you will reach your majority in a little more than a year's time, your probation shall continue for the full two years, and you will remain answerable to this court for your behavior and your compliance with my rulings. You may not leave foster care before either the expiration of the two year period or upon this court's subsequent ruling, whichever occurs first.

"Since you have no fit guardian to take responsibility for you I am declaring you to be a ward of the state of California. Due to the crimes for which you are being charged, the minor Katharine Summers will also be made a ward of the state. If there were no criminal case involved I would happily place Katharine back under your guardianship and care within the foster care system, but I cannot in good conscience do so at this time. You will be placed in separate foster care homes as soon as appropriate ones can be found and you both will be monitored as to your placement by your case workers. If at some later date you have demonstrated that you are mature enough to do so, and you have been compliant with my orders, I will consider a joint placement for you both. Ms. Fillion and Ms. Winslow, I expect full reports on both minors at the end of 120 days, at which time you will return to my courtroom with Miss Summers and Mr. MacDonald and we will revisit the custody and foster care situation at that time.

"Although I certainly may accept the GED in place of a high school diploma for you, Miss Summers, I have decided not to do so. You will have plenty of time to attend school during the next year and a half, and I believe that it is in your best emotional and educational interests to do so. You seem to be an intelligent girl, and you should not have any problem achieving a high school diploma given reasonable effort on your part. Therefore I am so ordering that social services see that you are placed in a high school near to your assigned foster home, and that you are tested by the school as to appropriate grade level and you are to be assigned to the grade level for which you are prepared. You have been truant for a year now, and we will see if you may enter school as a sophomore or a junior. It's up to you, Miss Summers. But I suggest you take your education seriously. I assure you that I will be doing so." Judge Holtz gave Buffy one of his 'intense scrutiny' stare downs, and she nodded that she understood her orders.

"You shall attend a series of Independent Living Program courses through the Department of Social Services, in preparation for the time when you will no longer be in foster care and will be expected to take your place in the adult world. You will not be required to have finished them all before joint foster care is considered for you and your daughter, but you will need to have completed them before your probation period ends in two years.

"However, I will require you to complete basic parenting courses through the Department of Social Services prior to consideration of a joint foster placement. You may wish to get started on those as soon as possible, Miss Summers.

"You will be permitted four hours visitation with your daughter once a week, on either a Saturday or Sunday. The visit need not be strictly supervised, but it is to take place at either your daughter's foster home or the social services office, whichever your case worker determines is best. I will leave further details to your case workers to determine.

"Miss Summers, I am going to require you to undergo counseling so that you may deal with the matter of your sexual assault. I realize this subject is very painful for you, but it will not help you to sweep it under the rug and pretend it did not occur. I will not require the details of your sessions, that will be left to your privacy, but I will require reports as to your willingness to cooperate in your therapy and on your attendance.

"At the end of 120 days I wish to see all parties - save for the detectives and the district attorney - back in my courtroom for a hearing on what progress has been made and to revisit the joint care issue once more. You have 120 days, Miss Summers, to impress me with the seriousness of your dedication to mothering your child. Do not disappoint me. I am placing a great deal of trust in your willingness to cooperate with my orders. You do not wish to know what will happen should I find that trust misplaced.

"Does anyone have any questions regarding my decision at this time?" he asked as he gathered his papers before him. "Very well then. It has been a pleasure meeting you, Miss Summers, and I look forward to hearing good things when we meet again in 120 days. This court is adjourned."

Judge Holtz marched stiffly out of the room and Buffy sat down with a thump.

"Wow," she sighed. "That's a lot of stuff."

"That's an amazing ruling, Buffy. With this judge, I really feared you'd be looking at some time in a youth facility." Lindsey shook his head as he put his papers back in his briefcase.

"It's a good decision, Buffy. I know it doesn't seem like it to you, but this is a very good thing that happened here today." Tanya added.

"I think Lorne really tipped the scales there, don't you?" Lindsey asked Tanya. The two adults began talking in rapid fire about laws and situations that Buffy did not really understand, but she got the drift of the thing. It was a good day. She just wished it felt like a good day.

*Two years? God, I'll be almost nineteen. And I can't see Katie except four hours a week. That's like torture.*

"Buffy?" Tanya was suddenly speaking to her.

"Huh?"

"Weren't you listening?"

"Um...no. Just thinking about all the things he said is all." she said quietly.

"I can understand that. Your mind must be spinning after all those rulings," she smiled. "I said let's get you back to my office so we can get started on a foster home for you. I have one lined up but I won't know until I call them when we get back whether it's available or not. If it's not, I'll have to drive you up to the juvenile facility to stay until we find you something else."

"Okay. Can't be worse than jail, right?" Buffy wondered. "Hey! I am out of jail, right? He didn't actually say..."

"Yes, you are officially no longer a prisoner. Your ass is mine now." Tanya joked.

Buffy chuckled and looked to where Lindsey was talking to Mr. Park and Ms. Morgan.

*Lawyer stuff. Blech.*

A few minutes later Lindsey made his goodbyes to Tanya and Buffy, making sure they both had his business card if anything came up. Buffy gave him a short hug on impulse, and thanked him for being there for her. He just smiled and gave her one of those gentlemanly pretend-tipping-of-the-hat gestures since he wasn't actually wearing one.

"My pleasure, ma'am," he drawled. "I'll see you both in 120 days if nothing comes up sooner." And he walked off into the figurative sunset.

*He'd do John Wayne proud.* Buffy smiled to herself as she followed Tanya out to her car.

*Too bad I'm not a little older...*


~~~~~~~


The foster home was available, so after a quick bite to eat at a family diner, Tanya drove Buffy over to meet her foster parents.

The house was in a solidly upper middle class area of Sunnydale. Two stories, dormer windows, white picket fence, manicured lawn... It was so perfect it made Buffy nervous. She grew up in a perfect home and had really liked the more relaxed atmosphere while under Faith's roof this last year. She really didn't want to go back to Stepfordville.

Tanya handed her the suitcase and they walked up and rang the bell. The deep, impressive-sounding bell. Another Stepford moment for Buffy.

After a few moments the door was opened by a smiling blonde woman in a sleeveless red dress. She looked to be in her late twenties or early thirties. She was hopping on one high-heeled red shoe as she fit it's twin on her other foot. Stable on terra firma once more, she opened the door wide and grandly bade them enter with one arm while she babbled incessantly.

"Well, hello there," Blonde Woman gushed. "Aren't you just adorable? I love your dress, such a good color for you, too." Her smile got even wider, if that were possible, and Buffy noticed her very white teeth were as perfect as everything else about her.

*Grandma, what big teeth you have.* Buffy was startled by that thought, and shook her head to clear it away. *Nothing good can come from thinking about scary fairytales.*

Blonde Woman ushered them into the living room, on the left, and she asked them to be seated while she brought in the tea service.

*Tea? Seriously?*

Tea cups in hand, like good little Stepford women, Buffy thought to herself. Blonde Woman and Tanya began explaining the foster care set up to her. Then Blonde Woman started explaining who they were, about the house, all the superficial social details one is expected to care about when one visits another's home.

Blonde Woman was married to a wonderful man, who owned three franchise ice cream stores in Sunnydale and the surrounding communities. He was out at the moment and Blonde Woman did not expect him until late that evening. Something about a drive up to one of the farther stores, employee meeting, blah blah blah...

The de ja vu was coming so fast and thick it was giving Buffy a headache.

*Gee. Hello Mom and Dad, version 2.0. Do you drink yourselves silly, too?*

Buffy was trying to pay attention and keep an open mind, but it wasn't really working. She wished she could go home with Tanya, but apparently that was a huge no-no in the social services universe. Rule number one: no taking home the needy clingy people.

After about thirty minutes, Tanya announced that she really needed to get going, and Buffy walked with her to the car to say goodbye. She didn't want to say goodbye, and she could feel the tears starting up again as they spoke.

"Aw, honey," Tanya opened her arms wide and embraced the girl, who was trying very hard not to cry. "It's gonna be fine. It's always a shock at first when you go to live some place new. But you'll settle in in no time, and they are good people, they really are. I know she talks a storm. And seriously? Tea?" Buffy and Tanya shared a laugh at that.

"But they've had other foster kids and they were all just fine. And you'll be fine too. Plus? Good school nearby. Nasty little principal but you won't see much of him. But it's a good school and I know you'll fit right in there in no time." She brushed some hair out of Buffy's eyes and gazed on her gently.

"You call me, if you need to. Understand? I'm goin' home now, but that doesn't mean I'm leavin' you, honey. I'm still gonna be here for you. And we've got a lot of work to do, to set up all those programs The Judge ordered for you. My goodness!" she exclaimed. "You'd almost think he was makin' sure you were never done with me, all that work he gave me to do for you." She gave Buffy her biggest smile, a smile that did not prompt thoughts about wolves in grandma's clothing, and hugged her really tight.

Buffy watched Tanya drive down the street and around the corner, and when she could no longer see the car she turned and slowly walked back up the pathway to her new home.


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~


End of Part One


~~~~~~~~~


Please don't worry. Part Two is starting quickly without any extra wait time. It is the second part of Buffy's life AK (after Katie). It probably won't be ready to post for a few days. The workweek demands my attention every once in a while. As Buffy says, blech.

Thanks for staying with me, and please leave a review.

Sara

Submit a Review!